Impact Fees

News & Analysis as of

The Mitigation Fee Act Provides the Sole Means for Challenging Development Impact Fees and Recovering Interest

The Mitigation Fee Act (Government Code § 66000 et seq.) provides the requirements for development impact fee programs. Most of the Act’s provisions were adopted in 1987 as AB 1600 and are sometimes referred to as “AB 1600...more

State Allocation Board Temporarily Stopped From Authorizing Level 3 School Impact Fees

The California Building Industry Association obtained a critical temporary restraining order against the State Allocation Board in connection with the Board’s 6-4 vote on May 25, 2016 finding, for the first time, that state...more

Orange County Adopts Increased School Impact Fees with Two-Stage Implementation Dates

On May 10, 2016, the Orange County Board of County Commissioners voted to substantially increase School Impact Fees throughout the County, including all of the municipalities. The new rates will take effect in two stages: ...more

Hillsborough County Adopts Mobility Fees, Ends Push for Transportation Sales Tax

As we previewed in our prior update, Hillsborough County settled part of a years-long debate over transportation funding by adopting a mobility fees ordinance, but on the very next day, by a 4-3 vote, decided against putting...more

Will Hillsborough County Adopt Mobility Fees in April?

Part of the years-long transportation funding debate appears to be reaching a conclusion. On March 24, Hillsborough County held a well-attended public workshop regarding implementing mobility fees, which are described as...more

Oakland Proposed Developer Fees Updated March 24, 2016

[UPDATE: On March 22, 2016, the Oakland City Council’s Community and Economic Development Committee voted 3-1 to forward the impact fee legislation, without substantive changes, to the full Oakland City Council. The Council...more

Oakland Proposed Developer Fees Summary

Unlike most large Bay Area cities, Oakland has not charged development impact fees to pay for affordable housing, but that is likely to change soon. The ramifications of a proposal to impose fees on new residential and...more

Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

Planning for the Future and Knowing the Past

Planning is words on a page and lines on a map. It is not reality, but a projection of the future. And the future is uncertain – just ask those who predict when the Federal Reserve will raise interest rates. ...more

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees

The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City’s findings “were mere conclusions, not the specific findings required under...more

City Ordered to Refund $10.5 Million in Beach Parking Fees

On August 28, 2015, a California Court of Appeal affirmed the trial court's judgment against the City of San Clemente (City) ordering the City to refund approximately $10.5 million in unexpended development impact fees...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update (February 24, 2014)

This is a brief update on recent Pennsylvania tax developments. It is intended to provide an overview of issues and cases to watch, as well as administrative and legislative developments....more

PUC Issues Proposed Rulemaking Order Introducing New Resolution Procedures for Impact Fee Disputes

The Pennsylvania Public Utility Commission (“PUC”) issued a proposed rulemaking order on October 17, 2013 implementing the unconventional gas well fee (“Impact Fee”) provisions of Act 13. In large measure, the proposed...more

The Shale Play Today - June 2013

In This Issue: - Yours, Mine or Ours? Morgan Clarifies Surface Versus Mineral Ownership in W. Va. - In Northwestern Pa., Gas Drilling Targets Utica - 2012 Pa. Impact Fees - Shale Oil & Gas Estimates...more

Marcellus Shale Impact Fee to Support Certain Projects for Governmental Entities, Councils of Government, Not-For-Profit Entities,...

The Commonwealth Financing Authority has begun accepting applications for five programs established by the Act 13 Marcellus Legacy Fund to support conservation projects and environmental protection measures. On...more

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